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Judgment
Sanjay Dhar, J
The petitioners have challenged FIR No. 82/2020 for offences under Sections 341, 323 and 504 IPC and the charge sheet emanating there from, which is stated to be pending before the court of Additional Special Mobile Magistrate, Ramban.
It is contended by learned counsel for the petitioners that the impugned FIR and the proceedings initiated against the petitioners have been lodged just to harass the petitioners, as there is some land dispute going on between the parties.
Heard and considered.
As per allegations in the charge sheet, on 15.06.2020, when the complainant was walking on the road side, the petitioners appeared on spot and they wrongly restrained him. It is further alleged that the petitioners hurled abuses upon the complainant and when he objected to it, petitioner-Sushma Devi pelted stones on the head of the complainant, as a result of which, he received injuries.
The Investigating Agency has, after investigation of the impugned FIR, on the basis of statements of witnesses, recorded under Section 161 Cr.P.C, come to the conclusion that allegations made in the impugned FIR are substantiated.
The contention of the petitioners that the impugned challan has been lodged against them just to harass them, may be a defence available to the petitioners but the same cannot be looked into at this stage of the proceedings. This Court cannot hold mini trial to determine the veracity of the contention raised by learned counsel for the petitioners. Once after investigation of the FIR, the allegations made therein are substantiated by the material collected by the Investigating Agency and these allegations disclose commission of cognizable offences, this Court would not exercise its jurisdiction under Section 482 Cr.P.C. to quash the proceedings.
For the foregoing reasons, I do not find any merit in the petition, as such, the same is dismissed.